An Historic Speech
TRENTON – Advocates for gay and lesbian couples are headed back to New Jersey’s Supreme Court to resume their attempt to legalize same-sex marriage.
Lambda Legal, a gay-rights legal group, filed a motion to the high court Thursday seeking a ruling that would let same-sex couples wed.
The filing argues that the state has failed to comply with a 2006 ruling that said committed gay and lesbian couples should be provided the same rights as heterosexual husbands and wives.
“We come back to the court to turn equal rights on paper to equal rights in the real,” said Hayley Gorenberg, Lambda Legal’s deputy legal director. “We’re asking the court to enforce its order – to give equality, which must be marriage.”
The return to the Supreme Court marks the latest step in a legal fight that opened in 2002, when seven gay and lesbian couples sued the state for the right to marry. The motion comes two months after the New Jersey Senate rejected a bill to allow same-sex marriage.
Some who oppose same-sex marriage say the issue should be decided in a public vote, not the courts.
“The people should be able to decide the definition of marriage,” said John Tomicki, president of the New Jersey Coalition to Preserve and Protect Marriage.
Tomicki said a ruling allowing same-sex marriage could open the door to polygamy or adults marrying minors.
Gorenberg said the case dealt only with marriage between two adults.
In a 2006 ruling, the state Supreme Court said same-sex couples deserve the same rights as heterosexual couples, but in a 4-3 decision it stopped short of legalizing same-sex marriage. The majority ordered the Legislature to provide equal rights, either through marriage or some other means.
Lawmakers and then-Gov. Jon S. Corzine opted for civil unions, which gay-rights groups say do not provide the same rights as marriage. Gays and lesbians say they have been confronted by emergency room staffs, especially in other states, who are unfamiliar with the rule and have denied them access to their sick partners. They say some employers refuse to extend health benefits to a partner in a civil union.
Gorenberg said those examples, and others, show that the order for equal rights has not been followed.
Gov. Christie has said he opposes same-sex marriage. His office declined to comment on the motion.

